Sound Of Mind Coursework Example

Name Institution Course Date Sound of Mind Definition of sound mind Sound mind refers to having the ability of an individual to understand, reason, think for oneself. It can also be described as a comprehension of one’s behaviours and actions as well as a rational awareness of his/her possessions, family and their surroundings (Dukeminier and Sitkoff 50). Legally, adults are normally considered to be in the state of sound mind. However, in some instances, they can be rendered as not being in sound mind owing to severe damage to the brain or other serious incapacities. In most cases, sound mind is regarded a legal precondition before signing or writing legal document especially a will (Dukeminier and Sitkoff 52). Determining if the client had a sound mind The attorney should determine if the client is of sound mind before writing a will or making other critical decisions. Importantly, the legal advisor should assess that the client is in the right state of mind and has the capacity to articulate their wishes in various legal affairs (Dukeminier and Sitkoff 53). In the estate-planning process, the attorney should ask standardized questions meant to confirm the capacity. Testamentary capacity is tested in each of the estate planning issues and verification is normally arrived at while discussing with the client. The attorney must make further inquiries at the initial sign that the customer intend to make. He/she should attempt to verify that forgetfulness is not an indication of a serious testamentary capacity (Dukeminier and Sitkoff 55). Outsiders for information In case the client is believed to lack requisite sound mind to implement the estate planning process, it is important to look for conservatorship and guardianship. A conservator is an individual selected by the law court to assist in the management of client’s estate or property. Guardian is an individual selected by the family court and probate to deal with the individual affairs of a...